Can I legally prune a Neighbours Poplar tree?

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United108
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Can I legally prune a Neighbours Poplar tree?

Post by United108 »

We rent a house from a local housing association and at the back of the property is a very large Poplar tree which is overhanging our back garden. There is one branch in particular that really worries us that it may snap and fall into the garden if there is severe weather (branches tend to fall off all the time in winds) We have been told by the housing association that they (or we) cannot legally prune back the overhanging branches as it is a Polar tree and these are self pruning - is this correct?? I have never heard of this before - I thought you could legally prune any overhanging branches from any tree up to your boundary line at your own expense? (obviously excluding protected trees which this one isn't!!) I would appreciate any advice on the legal aspect of this - Thanks
arborlad
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Re: Can I legally prune a Neighbours Poplar tree?

Post by arborlad »

United108 wrote: Thu Nov 19, 2020 3:34 pm We have been told by the housing association that they (or we) cannot legally prune back the overhanging branches as it is a Polar :lol: tree and these are self pruning - is this correct??


..............would love to know what position this person holds at the HA (no names please)................and no, not correct.
arborlad

smile...it confuses people
mugwump
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Re: Can I legally prune a Neighbours Poplar tree?

Post by mugwump »

https://northernwoodlands.org/articles/ ... g-branches

But it doesn't stop you pruning back anything that overhangs.
despair
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Re: Can I legally prune a Neighbours Poplar tree?

Post by despair »

Dont forget to OFFER BACK the arisings from your pruning
IdefixUK
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Re: Can I legally prune a Neighbours Poplar tree?

Post by IdefixUK »

Hello United108.
I believe the normal situation is that a land owner may cut back branches from a tree growing on the land of an owner of land nearby just up to the point where those branches cross the boundary, the arisings (cuttings) should be offered to the owner of the tree. If the owner doesn't want them then you must dispose of them yourself (you can't throw them on the neighbours land).
Your situation may be different from the norm.
You say you are the tenant of a Housing Association (so you are not the owner of the land) and could it be that the tree is growing on land owned by the same Housing Association in a neighbouring garden (but you haven't stated this).
I don't know how this scenario would change the legal situation...perhaps other posters will clarify for you. Can you let is know who is the owner of the land where the tree is growing please?

Regards
United108
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Re: Can I legally prune a Neighbours Poplar tree?

Post by United108 »

Hi
The land where the tree is privately owned but the landlord lets out the house. Several attempts have been made to contact the landlord of said house without success. We have been in contact with our housing association and they have looked at the situation and their reply was that they could not 'legally' cut back the overhanging tree branches as it was a Polar tree and these were self pruning! To me it sounded like a cop out that they did not want to get involved in sorting out the overhanging branches or pay for someone to do it. I can't find any 'legal' reason why we can't have the branches removed but I just wondered if anyone on this site knew of any reason?
mugwump
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Re: Can I legally prune a Neighbours Poplar tree?

Post by mugwump »

Self pruning trees do it for their benefit to help them flourish and grow.
Obviously the numbskull at the HA doesn't actually understand what it means.

The HA has no voice or rights in law to decide what you do to an overhanging tree, even if it was on their land. They may use that excuse to shirk some of their responsibility but that is as far as it goes.

There is nothing in law that prevents you cutting back the tree where it overhangs.
MacadamB53
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Re: Can I legally prune a Neighbours Poplar tree?

Post by MacadamB53 »

mugwump wrote: Fri Nov 20, 2020 1:14 pm Self pruning trees do it for their benefit to help them flourish and grow.
Obviously the numbskull at the HA doesn't actually understand what it means.

The HA has no voice or rights in law to decide what you do to an overhanging tree, even if it was on their land. They may use that excuse to shirk some of their responsibility but that is as far as it goes.

There is nothing in law that prevents you cutting back the tree where it overhangs.
...unless it’s protected by a Tree Preservation Order...
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